Helpful Hints for Mock Trial Participants

Opening Statement: Prosecution or Plaintiff

1. Purpose To inform the jury of the nature and facts of the case.
a. Include:
i. Name of the case.
ii. Your name
iii. Clients name
iv. Opponents name.
v. A description or story of the facts and circumstances that led to the case.
vi. A summary of the key facts each witness will bring out in testimony and the importance of any documents
to be introduced.
vii. Conclusions and request for the verdict to be in your favor.
2. Avoid:
a. Too much detail. It may tire and confuse the jury.
b. Exaggeration and overstatement. Dont use such phrases as prove it to a mathematical certainty or prove it
absolutely beyond question.
c. Argument. It violates the function of the opening statement (which is to provide the facts of the case from your
clients viewpoint), and you risk rebuke from the bench.
d. Anticipating what the defense attorney will say.
e. Walking or pacing. It distracts juries and irritates judges.

Opening Statement: Defense

1. Purpose To deny that the prosecution or plaintiff has a valid case and, in a general way, to outline the facts from the
standpoint of the defendant. Interruptions by prosecution or plaintiff are not permitted.
a. Include:
i. Your name and your clients name.
ii. General theory of defense.
iii. Facts that tend to weaken the plaintiffs case.
iv. A rundown of what each defense witness will testify to.
v. Conclusion and a request for the verdict to be in the favor of your client.
2. Avoid:
a. Repetition of facts that are not in dispute.
b. Exaggeration and argument.
c. Strong points of the plaintiffs case.
d. Walking or pacing. It distracts juries and irritates judges.

Direct Examination of Witnesses

1. Purpose
a. To present the evidence necessary to warrant a verdict favorable to your client. All the elements of a law or criminal
charge must be brought into evidence by witness testimony or documents.
b. To present the facts with clarity and understanding; to convince the jury of the soundness of your clients case.
 c. To present your witnesses to the greatest advantage; to establish their credibility.
2. Refreshing memory
a. Ask open-ended questions. Those usually begin with who, what, when, where, or how, or by asking the witness to
explain or describe.
b. Avoid complex or long-winded questionsquestions should be clear and simple.
c. Be a friendly guide for the witnesses as they tell their stories. Let the witnesses be the stars.

Cross-Examination of Witnesses
1. Purpose
a. To secure admissions from opposing witnesses that will tend to prove your case.
b. To negate your opponents case by discrediting his/her witnesses.
2. Scope:
a. Witnesses may be cross-examined regarding their direct testimony.
b. Cross-examination is used to explain, modify, or discredit what a witness has previously stated.
3. Approach
a. Use narrow, leading questions that suggest an answer to the witness. Ask questions that require yes or no
answers.
b. Expose lack of sincerity or the existence of bias.
c. Never ask Why? It gives a well-prepared witness a chance to explain.
d. Generally, dont ask questions unless you know what kind of answer you are going to obtain.
e. Be fair, courteous; avoid the Isnt it a fact? type of questioning.
f. It may be useful not to insist on an answer.

Closing Argument
1. Summarize the highlights of the testimony and documents as they support your case and undermine your opponents case.
2. Use actual examples from the trial that you have written down.
3. Be persuasive.
4. Confidently request the judge or jury to grant you the decision that you want.

Source: Adapted with permission from the Mock Trial Manual of the Law, Youth & Citizenship Program of the New
York State Bar Association, www.nysba.org